responded with the sum demanded by the plaintiff, and the Court would decide whether that was a correct bill or not. To prove this case the Advocate General called Mr. Samuel Smith, Assistant to Messrs. Bruce, Shand and Co., to whom was shewn a letter which he proved to be in the hand writing of the defendant. This letter was read stating the defendant's intention to proceed to sea in the Sea Horse for perhaps a month.

tiff was dissatisfied at his passengers leaving him, and that was the time he mentioned imposition.

John White.-I know the plaintiff; I went on board his vessel on the 18th of March last; I would not accept Mr. Dearie's cabin. I was asked by plaintiff whether I would accept it, I said no; my reason was that I would not allow Mr. Dearie to give up a comfortable accommodation on my account.

John Jenkins.---The plaintiff had his supplies from the firm of Jenkins, Low and Co. to which I belong; he purchased stores in the month of March last for the Sea Horse to the amount of one hundred and thirty three rupees.

This was the plaintiff's case.

Mr. John Joakim sworn-I recollect a conversation with Mr. Dearie in March last. He came to the Bankshall, and inquired for a pilot vessel; I mentioned the Sea Horse commanded by the plintiff. He said he required two after cabins for himself and the Revd. Mr. and Mrs. Charles. I said I would introduce him to Mr. Mc Dormond; and the latter came soon after he left the Bankshall. I told him of Mr. Dearie's wish. Dearie said Mr. Clarke submitted that no case was made out and he wanted the cabins for a month or six weeks. Lieut. the party must be nonsuited, but corrected himself at Baker and Dr. Voss called a day or two after that and the suggestion of the Court, a tender having been made asked for accommodation on board the Sea Horse. I told and money having been paid into Court by the defenthem that the two after cabins were engaged by the de-proved for a specific time; that the conversation with dant. He contended that there was no agreement fendant. Dr. Voss was very ill and said he would make Mr. Joakim at the Bankshall could not be considered in shift with a small cabin. By the Goverment Regula- that light; that the application was for no specific time, tions the Pilots are entitled to charge their passengers but in indefinite terms-that is to say, perhaps a month, eight rupees a day for the first fortnight and after that six under which term the defendant was at liberty at any for ladies the charges are six and five: a Branch Pilot is entitled to half the accommodation, and if he gives up his cabin he is entitled to a charge of eight rupees. I do not know of any other applications.

time within the month. He then called

John Boyle.-I am Attorney for the defendant. I went to Mr. Hudson on the first of July and tendered to Cross-examined. A Branch Pilot is entitled to eight ru-bally upon what account I tendered it. I also sent Mr. him two hundred and sixty-eight rupees. I stated verpees for his share of the accommodation; applications are Hudson a note; he has notice to produce it. I stated made to the Master-Attendant or Marine Board-and that that it was for Mr. and Mrs. Charles and Mr. Dearie's is all that is requisite. The rule is first come first served without reference to the length of time the party engages. sidered Mr. Dearie had already made one tender. I passage money on board the Sea Horse. He said he conI told the defendant it was necessary to make an applica- said yes, but Mr. Dearie required a receipt in full of all tion to the Master-Attendant, which he did that very claims, but I merely offered the money on a simple day. A Government servant going on duty is entitled to receipt for the amount. half the accommodation. Parties usually state the time they intend to go on board.

C. B. Greenlaw, Secretary to the Marine Board. There was a correspondence on the subject of the de

Re-examined. The Regulations were published in the mand made in this action. Gazette and may be found in the Directory.

The Revd. James Charles. I knew the plaintiff and defendant. On the 18th March I went on board the Sea Horse; went for no fixed time. Mrs. Charles and Mr. Dearie went with me. I went on board near Fort Gloster. I left the vessel on the 27th of March at the

Light House station; defendant left four or five days before. We were treated with civility and there was nothing to complain of in respect of the table. Mr. Dearie is a partner in Bruce, Shand and Co.'s. Doctor Voss was a passenger and Mr. Halket and Mr. White; they left with Mr. Dearie. I heard no conversation between plaintiff and defendant on the day he quitted the vessel; but one of the parties, Mr. Dearie, said that Mr. White had came to Mr. Dearie, that Mr. Mac Dormond had askel him to give up his cabin, but Mr. White desired him not to do so. Defendant left the vessel one or two days after this conversation, not on the same day.

The witness was here asked a question relative to the provisions made by the Regulations on this subject, but The Advocate-General objected that the Regulations would speak for themselves.

Mr. Justice Grant.-What charge do the Pilot make upon such occasions?

Witness. I don't know what they do charge, I only know what they ought to charge.

By the Court. All persons have a right to the common cabins and public servants on public duty are entitled to have the commander's cabin. There are three authorities to whom applications are made to go on board a Pilot vessel: the Government, the Marine Board, and the Master-Attendant. The Pilot himself has no voice in the matter. A party is not required to specify the time he indends to be on board.

The Advocate-General in reply admitted that he must Cross-examined-I was recommended by Doctor Voss abandon the claim for the commander's cabin with resto go further South. I am subject to sea sickness, and 1pect to the rate of the charge that is settled by the Rewould not on that account engage the cabins for any gulations. As for the time comprehended in the agreement, specific time. I should say I was uncomfortable on although it might not be reduced to a matter of mathemaboard. Mr. Mac Dormond was not on very good terms tical proof or specification by deed, yet that it was to all with the passengers, being of a different rank and class. moral certainty evident that that time was the period of a I had what is called the Government accommodation month. Stores were laid in for a month, and although Mr. Dearie had the accommodation appropriated to the the defendant's letter might say perhaps a month, yet as commander of the vessel. On leaving, I gave Mr.it was impossible to obtain supplies on board, it was Mac Dormond a draft which was returned to me nine nocessary to provide the vessel for a month certain. In days after, when I heard for the first time that the all human probability the permission given was for a cabins had been taken for a certain time: I gave month, as no public officer would grant so vague a perthe draft into the plaintiff's own hand. After the mission as is implied in the terms "perhaps for a month." defendant had left, the plaintiff came to me and said The Court took some little time to consider and returned I might now have Mr. Dearie's cabin as both had their verdict recognising the contract for a month, and been taken for my accommodation. The plaintiff giving the plaintiff damages 464 rupees, making together wrote to me on the subject of the passage money, in with the sum of 268 rupees paid into Court, 732 rupees. consequence of which I applied to the Marine Board -Hurkaru. and stated the whole case to them.

Re-examined.-I gave the draft just when I was leaving the vessel. The plaintiff said something after the defendant had gone, implying that the defendant had practised imposition upon him; I said he could not possibly be capable of imposition. I saw that the plain

MONDAY, JANUARY 25.

Sha Beharree Lall v. Mrs. C. Smith.

This was a rule nisi obtained on a former day, to shew cause why the trial should not be postponed till next term

INSOLVENT DEBTORS' COURT.

JOHN PALMER.

The daily papers have announced to us the death of ability to refuse applications for pecuniary aid and his Mr. John Palmer, which took place at 2 o'clock on the morning of Friday, the 22d January.

Few men who have died among us have established a stronger claim to a tribute to his memory than John Palmer-a name, which is known and respected in the remotest part of British India, and we believe, we may add, in every portion of the British dominions.

reluctance to question the integeity of others, were mainly instrumental in producing the failure--an event which Mr. Brownrigg's attempts to retard by the adoption of the opposite course, so far from retarding we believe accelerated. There probably never was a more unhappy period in Mr. Palmer's life than that in which, while of the firm, his liberality was entirely restrained and he efforts ware making by his partners to retrieve the affairs was reduced in his own office, as he expressed it, to a The Calcutta Courier has given a brief memoir of the fidence of the natives in Mr. Palmer-such their respect cipher. When the failure took place, such was the condeceased, which, hurriedly written as it was, is extreme- for him, that many came forward with offers of liberal ly well expressed, and embodies some of the most inter-assistance-but the case was too desperate to admit of esting facts in his personal history. From that source any relief of that kind. The creditors in general, to and from a memorandum furnished to us by a friend, we mark their sense of Mr. Palmer's merits, placed his name have drawn up the sketch which follows of a career at the head of the list of Assignees. The Chief Justice which presents many claims to our admiration. when the list was presented to him, regretted that a legal objection existed to such a nomination, but he seized the occasion to pay a feeling tribute to the character of Mr. Palmer and to express deep sympathy in his misfortunes.

Mr. John Palmer was, we believe, the younger of several sons of the late Lieutenant-General Palmer, so well known in his day, as the Confidential Private Secretary, in fact, the Confidential Minister of Warren Hastings, who died a Lieutenant-General, at Berhampore, on the 20th of May 1816, after having filled the highest offices establish himself in a business, which is we believe in a About three years ago Mr. Palmer was enabled to rein the deplomatic line in India for more than twenty years, and finished his career as an officer on the Bengal most flourishing condition and out of profits of this conStaff. He was acknowledged to be second to no one in cern Mr. Palmer supported and assisted many distressed the Company's service for talent, experience, and that creditors of the late firm-a fact more to his honour than honourable independence of mind for which his son was any recorded in his history. Justice has not been done, distinguished. General Palmer entered the Bengal as a citizen and member of our community, in any of the Army from the King's service in 1770, rather later in notices of his death, to Mr. Palmer's claims on our reslife than is the usage of the present day, and his chil-pect and grateful recollection. His name was to be found dren, we believe, were born in America or the West at the head of every association for resisting wrong and Indies. Two found employment in the Bengal Army,

and died Field Officers.

John Palmer, the subject of this memoir, was brought up for the Navy, which he entered as is customary at a very early age, and in which he served several years, until, we believe, he obtained his commission, having, during that time, been in a vessel which engaged the celebra ed Suffrein. Mr. Palmer, however, left the Navy when his prospects of advancement were destroyed by the general peace of Paris in 1783.

supporting right, and it is in no small degree to the influ

ence of his venerated name and to his strenuous zeal and public spirit, always judiciously tempered by sauvity and ence, that this community is indebted for keeping alive discretion, the fruits of his sound judgment and experithe feeble spark of resistance to arbitrary authority among Englishmen in India, which has withstood so many attempts to extinguish it for so many years, and which at length burns a bright and steady flame of libertyliberty of speech, of printing, of person, and of pro perty.

Mr. Palmer first entered into business in Calcutta Mr. Palmer was one of the first to take Mr. Buckingabout fifty years ago in the retail line in partnership with ham by the hand and to his influence and generous aid Mr. St. George Tucker, now a Director of the East In- we owe the impulse to the improvement of the Indian dia Company-afterwards conducted it by himself and Press given by the establishment of the Calcutta Journal. subsequently joined Mr. Barber, with whom he carried

on business under the firm of Baber, Plamer and Co.

Mr. Palmer afterwards entered into partnership with During our brief reign of terror, when Mr. BuckingMr. Traill, whose partners, Messrs. Paxton and Cocke-ham was proscribed by power, and many thought it danrell, had proceeded to Europe. Mr. Traill himself, gerous to associate with him, M. Palmer still adhered to shortly afterwards, retired from the Calcutta firm, and him and became, in association with Mr. George Ballard, Mr. Palmer continued the business under the well one of the trustees for the management of his property known firm of Palmer and Co., which in 1830 failed, when he was banished to England, and he adhered to him and drew down with it, within a few years, all the long to the last. established agency houses of this place which could not withstand the universal shock to credit and confidence, which the fall of such a house and such a man at the head of it produced.

Mr. Palmer was in short, an indepedent citizen, a generous and steady friend-he has lived esteemed and beloved-and his death will be deeply lamented by all who had an opportunity of estimating his virtues.

The great success which for so many years attended the house of Palmer and Co., and the almost unparalleled credit that house commanded, have been justly ascrib He lived to a good old age, but his strong constitution ed more to the liberality and kindness of heart of the and the good health he generally enjoyed gave promise head of that firm, even then to his intelligence and enter- of much longer life. The immediate cause of his death prizing spirit: but unfortunately for himself, and for was a quinsy. He expired about 2 o'clock in the mornthose who became afterwards associated with him, an ing in the 70th year of his age, and his remains were excess of that generosity which had won for him the gra- carried to the grave, followed by a more numerous contitude of so many, led in later times and altered circum-course of friends and others who respected his memory, stances to the disastrous result we have mentioned, and than perhaps has ever attended any funeral in Calcutta. which has been the source of so much distress. His in--Bengal Herald.

MISCELLANEOUS NEWS.

The first opium sale took place on the 4th January, when six hundered and fifty chests were disposed of. The biddings, made in Company's rupees, were very brisk, and from twenty to fifty lots were occasionally run off together. The first lot was knocked down at one thousand one hundred and seventy and a few lots followed at one thousand one hundred and sixty-five; but the biddings soon passed one thousand two hundred, and the second moiety of the Patna, sold after the Benares, ranged at one thousand two hundred and eighty and one thousand two hundred and eighty-five. The following is the general result of the sale.

Chests. Highest. Lowest. Average. Proceeds. Behar, 4,500 1,290 1,165 1,255-9-1 56,50,075 Benares, 2,000 1,240 1,205 1,222-12-2 24,45,525 GUIDE TO THE REVENUE REGULATIONS OF AGRA AND CALCUTTA. Mr. J. C. Marshman has just published a Guide to the Revenue Regulations of the Presidencies of Bengal and Agra, which he has condensed into two octivo volumes without omitting a single unrepealed clause of the fiscal code. Bengali and Persian translation of the work are to follow.

SPORTING. The Cawnpore Lancer Cup was won by General Stevenson; the Calcutta Magazine Cup, by Mr. Dale's B. E. M. Howrah; and the silver cup presented by Sir Charles Metcalf, by Mr. Cockerell's black Arab horse Comet.

many questions aud displaying great readiness in comprehending the replies. His Excellency witnessed the entire process of printing from the business of composing to that of printing off a sheet, and took a stick of matter in his hand and requested to be furnished with one to send to Nepaul with his own explanations. He comprehended the nature of the work in a moment and appeared much interested and gratified, as were his little boy and suite. The Envoy is tall and very handsome-his countenance beams with intelligence and he evinces an anxiety for information as to our arts and sciences, manners and customs, which all are desirous to gratify. The General's costume is exceedingly rich-a dress of crimson velvet richly braided with gold and trimmed with fur, a splendid gold band, with a clasp glittering with diamonds, and a magnificent turban with a tiara of brilliants in front and wreathed with pearls, &c. He also wears a pair of European gold epaulettes. The costumes of his officers and suite are also very picturesque.

The Nepaul Regiment was reviewed on the 27th January, by the Commander-in-Chief, Sir H. Fane, and exhibited a high state of discipline, firing with all the precision of our best drilled battalions. It is said that the Regiment has commenced its return march for the hills in order to reach them before the hot winds set in.

THE WEATHER.-The weather, for this latitude, has been intensely cold the whole of the past week; the thermometer in the open air being occasionally as low as 40° and never until the day before yesterday higher than 62° in a confined room.

The Courier of the 18th states, that ice was, for the first time on record, naturally formed on the ground in the Botanical Gardens on the night of the 17th January.

LA MARTINIERE.-The masters of the Martiniere have been appointed. Mr. W. Masters, recently of the NEPAULESE MISSION.-The Nepaulese Envoy, General Verulam Academy, is to be head-mister, Mr. Cameron Martaubher Singh, and suite arrived at Sulkea on the 14th second-master, and Mr. Henwood third-master. The and the General embarked on board the Honorable chief mistress has not yet been appointed, and the names Company's yacht Sonamookee, towed by a steamer and of those nominated to the other situations have not transaccompanied by numerous boats freighted with his body-pired. In the rules and regulations of this institution, guard, at 4 p. m. on the 15th January. The troops commenced an indiscriminate sniping of musketry as soon as they neared the Mint which they kept up until they came abreast of Chandpaul Ghat, where the General, who was accompanied by Mr. Trevelyan, Dr. Bramley, Capts. Symth and F. W. Birch, disembarked under a salute from the ramparts of Fort William, and proceeded in Mr. Trevelyan's carriage towards Balligunge, where a house has been taken for the Ambassador-his troops following in marching order.

The General and a number of his followers visited the Opera in the evening and seemed much entertained.

in state.

On the 21st January, The Governor-General held a Durbar at which the Nepaulese Envoy was received After the interview the troops of the Envoy were inspected by the Governor-General and presented arms in the British and Nepaulese style. The Commander-in-Chief and Staff and most of the Military Staff of the Presidency, attended the Durbar. The presents from the Rajah of Nepaul, which were exhibited on the occasion, consisted chiefly of magnificent furs and embroidered dresses, kookries, some enormous tushes of elephants, a leopard and a tiger nursed by a woman, and a rhinoceros.

which have been published, the Committee explain, that the reason of their raising the standard of qualification of the masters so high as they have done, is less with reference to children on the foundation who may evince superior talents, than to scholars who will pay for their education and whose parents or guardians may be desirous of securing to them the benefits the institution will offer in masters of first rate capacity.

FATAL ACCIDENT.-On the 17th January, a boat full of men, women and children, proceeding from Bally to Kalli Ghaut, ran foul of a sunken boat near the Ghoosra sand, and was upset: all the passengers, except the manjee and two Bhramins, were drowned.

MILITARY BOARD.-In consequence of Col. Cragie's taking his furlough to England, Capt. Gavin Young, formerly Secretary and acting Member of the Military Board, has succeeded the Colonel as a permanent Member.

SHIP LAUNCH.- -A Ship registered about four hundred from the dock-yard of Mr. J. Thomas on the 26th tons, but intended to carry near a thousand, was launched January, and named the Emily.

IRON BOATS.-Another iron boat was launched on the

On the 22d January His Excellency the Envoy, 19th January and named the Jumna. The name of the with his son and suite, attended by Mr. Trevelyan, vessel recently launched, and which was asserted to be paid a visit to the Hurkaru Press, and inspected the the last, is the Megna and not the Surmer as stated. whole establishment with great attention, evencing much PUBLIC LIBRARY.-The Public Library seems to procuriosity as to the different processes of printing, asking gress very slowly. About seventy names have been

subscribed but only 3,500 rupees have hitherto been realized. The Government, however, have transferred the College books to the Library, and many volumes have been presented by individuals. Mr. Stacy has been appointed Librarian on a salary of one hundred rupees per month, and book-shelves are about to be provided at a cost of 1,500, which, with other contingent expenses for furnishing a reading-room, &c., will absorb the whole of the assets in hand. An opinion prevails, that the connection of the Honorary Secretay (Mr. Stocqueler) with the Library tends to mar its success, by preventing many hostile to him from subscribing to the institution. He has subsequently resigned.

COFFEE HOUSE. It is stated that Mr. Weatherall, the enterprizing proprietor of the Oriental Baths, intends to establish a Coffee House in Culcutta, resembling similar establishments in England, on a respectable footing.

COMMITTEE OF SURVEYORS.-The mercantile community, in order to establish a Committee of Surveyors of Shipping, to manage all business in that department on a consistent plan, invited candidates for these situations to send in their names to the Secretary of the Chamber of Commerce on the 26th December, when a selection of three surveyors would take place. Messrs. Stalkart, Boulton and Oakes were chosen from among the candidates. These gentlemen are to be put on a footing of equality, and will be restricted from deriving emoluments individually from other sources, so that if they survey for ship-owners or others, the fees charged for the same are to be thrown into a fund for future distribution.

INDIAN JAILS. A Committee, of which the three Judges, Mr. Macaulay, Mr. Shakespeare, and six other gentlemen are Members, has been formed to inquire into the state of the Indian Jails and prepare an improved plan of prison discipline, the junior member, Mr. J. P. Grant, to act as Secretary.

MASONIC PROCESSION.-The 27th December being the anniversary of St. John, the patron Saint of the FreemaGovernment have also officially called on the Magissons, about sixty or eighty of the fraternal body as-trates to report on the state of the jails and the classifisembled in Lodge Humility with Fortitude No. 279, cation of prisoners in them. in Fort William, and marched two by two, to St. Peter's Church accompanied by the Governor-General's band playing "Come let us prepare, we brothers that are," and after attending divine service they returned to the Lodge in the same order, the band playing Burns's farewell. An admirable and appropriate discourse was delivered on this occasion by the Venerable Arch leacon, who took for his text the 25th chapter of St. Matthew, verses 34 to 40.

RAJAH RAJNARAIN.-The Governor-General presented Rajah Rajnarain at a private audience, on the 29th December, with a large gold medal of honor, having inscribed on the obverse, the Company's arms richly chased, with the motto upon a dark ground in a circle -Auspicio Regis et Senatus Anglia-and on the reverse, the words "Presented by the Hon'ble Sir Charles T. Metcalfe, Bart., Governor-General of all India, to Rajah Rajnarain Roy, Behadur, A. D. 1835. The medal was manufactared by Messrs. Twentyman and Co. and is fitted with a clasp to be worn upon the breast like a

star.

BANK OF BENGAL.-A notification has been issued by the Bank of Bengal, signifying that from the 1st January, all drafts of constituents must be expressed in Company's rupees. This intimation has created a great deal of dissatisfaction among the merchants, traders, &c. who complain that the Bank has made this change before it has been adopted in the public offices generally, and in the Union Bank, which makes up its accounts half yearly like the Bengal Bank, on the 30th June and 31st December, but which has postponed introducing the proposed change until the 1st of May next, in order

to suit the convenience of its constituents.

The Bengal Bank has also declared a dividend at the rate of eleven and a half per cent. for the last half year.

BENGAL CLUB.-—According to advertizement, a meeting of the members of the Bengal Club took place on the 30th December, to consider the propriety of expelling Mr. Stocqueler from the Club. The Honorable Mr. Melville took the chair. About forty or fifty members attended the meeting.

Mr. Longueville Clarke proposed:

"That the statement contained in an article of the Englishman newspaper of the 11th December, wherein it is alleged, that the manner in which the invitation to the Commander-in-Chief was preferred, was obviously to subserve selfish and slavish purposes, is untrue, and conveys a scandalous imputation ou some of the members of the Club."

Mr. Pattle proposed as an amendment, seconded by Mr. Osborne :

"That the very reprehensible editorial article of the Englishmen newspaper of the 11th December, has not disturbed the harmony and order of the Clab."

A very animated discussion took place, in which Mr. Longueville Clarke, Mr. Dickens, Col. Beatson and others spoke in favor of the original motion and Mr. Pattle, Mr. Osborne, Mr. O'Hanlon and others against it. On a division, Mr. Pattle's amendment was carried. Mr. Stocqueler, when the matter had been decided, apologised to the Committee at large, and to Col. Beatson in particular, for imputing to them improper motives of action which it appeared had not guided them.

After Mr. Pattle's amendment was carried, it was

proposed by Mr. Udny and seconded by Mr. Deeds:

66

That the thanks of the meeting be voted to the Committee for having brought this matter before the Club."

About fifteen Members also met at the Club House MILITARY BANK.-The annual Meeting of the Mili- on the 19th January to discuss some proposed tary Bank, held at the Town Hall on the 28th Jan., new rules. The principal object of which were to was attended by the Directors and the Secretary alone. restrict members from publishing remarks on matters The abstract of accounts shewed the receipts during the connected with the institution, or making statements past year to amount to sicca rupees 1,40,564, which being in the newspapers regarding the subjects that have added to the balance on 1st January 1835, sicca rupees taken place within the Club Rooms-on pain of ex32,583, gave a total of 1,43,147. The disburse-pulsion. Dr. Ranken was called to the chair, but at ments amounted to 95,496, leaving a balance of sicca first declined taking it on the ground that he could not rupees 47, 651, from which the dividend unapplied for 25,890 being deducted, a balance of 21,761 was left for present dividend. It was accordingly determined to make a further dividend immediately of 3 per cent. upon the sum on which the last dividends of 10 per cent. was paid, namely, upon sicca rupees 5,56,000, the gross amount due to the depositors after deducting the dividends of eight annas in the rupee.

H

consistently preside over the introduction of measures which he had come there to oppose; but he ultimately consented to act as Chairman on condition that he might speak and vote as he pleased. A great deal of irregular discussion took place on the first proposition, and several amendments were put and rejected. An adjournment was then moved which the Chairman objected to, until assured that the remaining propositions would thus be